How to Claim for Asbestos Exposure | Fetterman & Associates, PA
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How to Claim for Asbestos Exposure

As an injured person, all cases typically start with you. You will have been exposed to asbestos at some point during your working life if you’re someone with an asbestos-related disease. You might have been exposed in the home, at school, in an office, or a factory. At the time, since your employer didn’t provide you with protective equipment or they didn’t tell you about the dangers of the dust, you may not be aware of the exposure.

You would not be aware that anything is wrong as you continue to live your life after the exposure. However, the changes caused by the asbestos fibers inside your body may finally cause you to start suffering some symptoms.

The Development of Asbestos-Related Disease

The starting point for asbestos-related disease is breathlessness during any strenuous task, coupled with chest pain, a cough, or a feeling of tightness in the chest. You will be referred to the hospital for a chest x-ray after visiting your family doctor. You may require a further investigation after the report from the x-ray, which can be pleural drainage, biopsy, or a CT scan.

At a multi-disciplinary team meeting, they will discuss the case after the discovery of the asbestos-related condition. Then, as an affected person, you will be called in for a discussion on the result as well as the next steps. A specialist, like a clinical lung cancer nurse, will be present at the meeting with the consultants to provide practical information and guidance to you.

Some of the illnesses caused by exposure can be quite severe and even fatal. Some of them are:

Pleural Thickening

Pleural thickening is also referred to as diffuse pleural thickening. As a lung disease, it thickens the lining of the lungs as well as extensive scarring. Most times, there’s a reduction in the malleability and capacity of the lung. Difficulty breathing and chest pain are some of the common symptoms.

Asbestosis

As a result of prolonged exposure to asbestos, this is a long term lung condition. Some of the symptoms are chest pain, fatigue, a persistent cough, and shortness of breath. Once it has developed, there is no cure for asbestosis. Over time, it can worsen. However, the condition may not progress at all or progress quite slowly in many cases. Individuals diagnosed with asbestosis are at a higher risk of developing lung cancer, mesothelioma, and pleural disease.

Lung Cancer

The origin of lung cancer is from lung tissue. Weight loss, fatigue, chest pain, shortness of breath, and mesothelioma-related symptoms are some of the symptoms. The survival rate of patients with lung cancer is better than those with mesothelioma.

Mesothelioma

Mesothelioma disease may start in the abdomen but frequently in the lining of the lungs as a rare fatal cancer. It is when cancer has grown and presses on an organ of the body or a nerve that symptoms tend to become noticeable. A persistent cough, tiredness, weight loss, shortness of breath, and chest pain are some of the common symptoms.

What You Need to Prove to Make a Claim

It can be a disorienting and distressing time for everyone involved when you want to take steps to make an asbestos claim. You must file a claim for asbestos exposure compensation within three years from the date of the first diagnosis. It could also be during the time of your awareness of the link between exposure to asbestos and your symptoms. Since the claim needs to be filed within three years of the date of death, the time can be extended if you are claiming on behalf of a deceased family member.

In these claims, damages can cover suffering and pain as well as any financial expenses or losses incurred by the sufferer or their family. They can also obtain funding to aid adaptation and care, such as the installation of walk-in showers or stairlifts. Specific vital points are essential for you to prove when you want to make a valid claim and some of them include:

  • Proving breach of duty or that the employer fails to take any reasonable practical steps to prevent asbestos exposure
  • Proving that the occupier or employer knows of the danger
  • Proving the exposure of asbestos to a specific workplace including location, product as well as linking the source if the exposure is secondary
  • Be able to state through a reputable respiratory disease expert or a medical report that you’re suffering from an asbestos-related illness caused by exposure

What Happens If the Condition Leads to Death?

If the employer in question disputes the liability, it can be quite challenging to prove all of these aspects. Also, if it is difficult to track down the insurer or if the company doesn’t exist, further difficulties can be found due to the length of time which has passed.

Quite sadly, someone suffering from an asbestos-related disease may sometimes die before the conclusion of their claim. So, what happens? The family will get the necessary assistance with Coroner’s investigations from the West Palm Beach Personal Injury Lawyer as well as giving the Coroner details of asbestos exposure and work history. The cause of losing a loved one to asbestos-related disease with the emotional devastation is irreplaceable. Specialists at Fetterman & Associates will ensure that compensation is obtained by pursuing the case on behalf of next of kin as they work to lessen the financial impact of their premature death.

Do You Want to Make an Asbestos Claim Now?

Making a compensation claim is one of your entitlements if you or your loved one has been diagnosed with an asbestos-related disease. That is why it is crucial to instruct an accredited and experienced asbestos specialist solicitor. At West Palm Beach Personal Injury Lawyer, we understand that the road to recovery can feel like an uphill battle. You can contact us by filling our online form. You can also learn how we can help you by scheduling a free consultation by calling us on 561-983-4584.

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